General terms and conditions and customer information

I. General terms and conditions of business

§ 1 Basic regulations

(1) The following terms and conditions apply to all contracts that you conclude with us as a provider via the website www.textilstore.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.

§ 2 Formation of the Contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are stored in the “shopping cart”. You can call up the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After accessing the “Checkout” page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) as a payment method, you will either be taken to the order overview page in our online store or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. You will then be redirected back to the order overview page in our online store.
Before submitting the order, you have the option of checking all details again, changing them (also using the “back” function of the Internet browser) or canceling the purchase. 
By sending the order via the “Buy” button, you declare your legally binding acceptance of the offer, whereby the contract is concluded. 

(4) Your requests for a quotation are non-binding for you. We will send you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Customized goods

(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed.
 
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of any legal representation required in this connection.
 
(3) We do not check the transmitted data for correctness of content and therefore accept no liability for errors.

§ 4 Special agreements on payment methods offered

(1) Creditworthiness check
If we make advance payments, e.g. when paying by invoice or direct debit, your data will be passed on to ABC Finance GmbH, Kamekestraße 2-8, 50672 Cologne, Germany, for the purpose of a credit check based on mathematical-statistical procedures in order to safeguard our legitimate interests.

§ 5 Right of retention, reservation of ownership

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2)  The goods remain our property until the purchase price has been paid in full.

(3)  If you are an entrepreneur, the following also applies:

a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer by way of security is not permitted before the transfer of ownership of the reserved goods.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.

§ 6 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will have no effect on your statutory warranty claims.

(3) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

a)  Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

b)  In the event of defects, we shall, at our discretion, remedy the defect by repair or replacement. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the move does not correspond to the intended use of the goods.

c)  The warranty period is one year from delivery of the goods. The shortening of the period does not apply:

- for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.
§ 7 Choice of law, place of performance, place of jurisdiction

(1)  German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).

(2)  The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.

(3)  The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

 

---

II. Customer information 

1. Identity of the seller

BT Merchandising GmbH
Wilhelm-Kabus-Str. 21-35
D-10829 Berlin
Germany
Phone: +49 (30) 70 565 70
e-Mail: [email protected]


Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at  https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE.

We are willing to participate in dispute resolution procedures before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the contract conclusion itself, and the correction options are in accordance with the provisions "Conclusion of the contract" in our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1. The language of the contract is German.

3.2. The complete contract text is not stored by us. Before sending the order through the online shopping cart system, the contract data can be printed or saved electronically using the browser's print function. After we receive the order, the order details, the legally required information for distance selling contracts, and the general terms and conditions will be sent to you again via email.

3.3. For requests for quotes outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print or save electronically.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment terms

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you. You shall also bear any costs incurred for the transfer of money in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

5.4. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.5. Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Terms of delivery

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment. 

If you are an entrepreneur, delivery and shipment are at your risk.

7. Statutory right to liability for defects 

Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I). 

These general terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.

last update: 24'th May 2022
Please note that this text is an automatic translation from German and only the German version is legally binding.